Township of Lower Mount Bethel, PA
Northampton County
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Table of Contents
Table of Contents
[Ord. 2014-03, 9/8/2014]
1. 
Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to inspect the implementation, condition or operation and maintenance of the stormwater BMPs or to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter. Notwithstanding the foregoing, in the event of an emergency, duly authorized representatives of the Township are hereby authorized to enter onto any property at any time to inspect the implementation, condition or operation and maintenance of the stormwater BMPs or to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
2. 
BMP owners and operators shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.
3. 
Persons working on behalf of the municipality shall have the right to temporarily locate on any BMP in the municipality such devises as are necessary to conduct monitoring and/or sampling of the discharges from such BMPs.
4. 
Unreasonable delays in allowing the municipality access to a BMP is a violation of this article.
5. 
In the event that the landowner refuses admission to the property, duly authorized representatives of the municipality may seek an administrative search warrant issued by a Magisterial District Judge to gain access to the property.
[Ord. 2014-03, 9/8/2014]
1. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the municipality may order compliance by written notice to the responsible person. Such notice may require, without limitation:
A. 
The name of the owner of record and any other person against whom the municipality intends to take action.
B. 
The location of the property in violation.
C. 
The performance of monitoring, analyses and reporting.
D. 
The elimination of prohibited connections or discharges.
E. 
Cessation of any violating discharges, practices or operations.
F. 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
G. 
Payment of a fine to cover administrative and remediation costs.
H. 
The implementation of stormwater BMPs
I. 
Operation and maintenance of stormwater BMPs
2. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of the violation(s). Said notice may further advise that should the violator fail to take the required action within the established deadline, the work will be done by the municipality or designee and the expense thereof, together with all related lien and enforcement fees, charges and expenses, shall be charged to the violator.
3. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
[Ord. 2014-03, 9/8/2014]
1. 
All inspections regarding compliance with the drainage plan shall be the responsibility of the Township Engineer or other qualified persons designated by the Township as directed by the Board of Supervisors.
A. 
A set of design plans approved by the Township shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Township or designee during construction.
B. 
Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 23-105 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from a professional engineer licensed by and in good standing with the Commonwealth of Pennsylvania verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide an electronic copy, and two paper prints of as-built drawings for review by the Township Engineer or other designated official selected by the Township to determine that the permanent facilities have been constructed according to the plans and specifications.
D. 
After receipt of the certification by the Township, a final inspection shall be conducted by the Township Engineer or other designated official selected by the Township to confirm construction is consistent with the approved drainage plan.
E. 
Prior to revocation or suspension of a permit, the Board of Supervisors shall provide notice of the noncompliance and an opportunity for the violating party to cure the noncompliance if there is no immediate danger to life, public health or property. In the event that the Township determines the violations to be of an emergency nature, no opportunity to cure is required prior to the Township exercising those remedies available to it.
F. 
Suspension and revocation of permits. Among the other remedies available to the Township, the Township may suspend and/or revoke permits as set forth in § 23-905 of this chapter.
G. 
Occupancy Permit. An occupancy permit shall not be issued unless the stormwater management facilities approved for the lot have been installed and found satisfactory to the Township Engineer. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the Township.
[Ord. 2014-03, 9/8/2014]
1. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
2. 
Each day that an offense continues shall constitute a separate violation.
[Ord. 2014-03, 9/8/2014]
1. 
Any building, land development or other permit or approval issued by the municipality may be suspended or revoked by the municipality for:
A. 
Noncompliance with or failure to implement any provision of the permit.
B. 
A violation of any provision of this chapter.
C. 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
2. 
A suspended permit or approval shall be reinstated by the municipality when:
A. 
The municipality or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.
B. 
The municipality is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.
C. 
Payment of all municipal fees, costs and expenses related to or arising from the violation has been made.
3. 
A permit or approval which has been revoked by the municipality cannot be reinstated. The applicant must apply for a new permit under the procedures outlined in this chapter.
[Ord. 2014-03, 9/8/2014]
1. 
Any person, partnership, corporation or other entity who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees and experts' fees incurred by the municipality as a result thereof. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day or portion thereof that a violation continues shall constitute a separate violation.
2. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
3. 
The municipality, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
[Ord. 2014-03, 9/8/2014]
Any person aggrieved by any action of the municipality or its designee relevant to the provisions of this chapter may appeal using the appeal procedures established in the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.